Common use of Breach of rules relating to information and discussion Clause in Contracts

Breach of rules relating to information and discussion. The main organisations emphasise the importance of complying with the Basic Agreement’s rules relating to information and discussion. The parties have therefore found it appropriate to lay down provisions to ensure that compliance. A serious breach of the rules relating to information and discussion contained in chapter V section 5 – 9 of the Basic Agreement shall be punishable by a fine in accordance with the provisions of the present section. If a shop ▇▇▇▇▇▇▇ receives confidential information under the provisions of chapter V section 5 – 9, a serious breach of the shop ▇▇▇▇▇▇▇’▇ loyalty obligation shall be treated in accordance with the provisions of the present section. Where a serious breach allegedly occurs within the meaning of the second paragraph, the parties shall follow the procedural rules laid down in chapter 2 of the Basic Agreement. If the parties have completed negotiations under chapter 2 of the Basic Agreement and disagree whether a breach within the meaning of the second paragraph has occurred, the organisations can, within 1 month of completing negotiations, refer the dispute to the committee mentioned in the sixth paragraph. If the parties agree that a serious breach has in fact occurred in accordance with these provisions, they can agree on the sanctions to be imposed. If the parties fail to agree on sanctions, either party can refer the dispute to the sanctions committee mentioned in the sixth paragraph below. The parties shall jointly appoint a committee consisting of five members. The parties shall appoint two members each. The leader of the committee shall be appointed by the Chief State Mediator. The committee shall state the reasons for its decision, and may impose a fine. In determining the amount of the fine, the committee shall pay attention to the question of fault, the seriousness of the breach, financial standing and other relevant matters. The committee shall furthermore consider whether the defendant has redressed or attempted to redress the alleged serious breach. The amount of the fine shall not exceed NOK 300.000,- The committee’s decision shall not be subject to appeal. The term of office of the committee shall correspond to the period of validity of the Basic Agreement. The fine shall be paid in equal parts to the main organisations’ education and development fund. The provisions of this section do not entail any restriction in the parties’ possibilities of demanding compensation for financial loss. Addition to the record of proceedings: The parties agree that the present provisions have been introduced as a trial arrangement for the period of validity of the Basic Agreement and that the parties shall evaluate experiences with these provisions before the expiry of the agreement period.”